Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others (CCT87/16) [2017] ZACC 3; (2017) 38 ILJ 831 (CC); 2017 (3) SA 242 (CC); 2017 (6) BCLR 700 (CC); [2017] 7 BLLR 641 (CC) (21 February 2017)

Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others (CCT87/16) [2017] ZACC 3; (2017) 38 ILJ 831 (CC); 2017 (3) SA 242 (CC); 2017 (6) BCLR 700 (CC); [2017] 7 BLLR 641 (CC) (21 February 2017)

The Constitutional Court held that the statutory definition of 'workplace' in section 213 of the Labour Relations Act applies to section 23(1)(d), meaning the employer's operations as a whole constitute the workplace unless proven independent by size, function, or organisation. The collective agreement was validly extended to AMCU members at the five mines, even though AMCU was the majority union at those mines but not at the employer level. The limitation on the right to strike imposed by section 23(1)(d) is reasonable and justifiable under section 36 of the Constitution, as it promotes orderly collective bargaining through majoritarianism. The mechanism for extension does not violate...

Citation
[2017] ZACC 3
Parties
Applicant: Association of Mineworkers and Construction Union; Applicant: Persons referred to in Annexure “A” to the Notice of Motion; Respondent: Chamber of Mines of South Africa; Respondent: Harmony Gold Mining Company Limited; Respondent: AngloGold Ashanti Limited; Respondent: Sibanye Gold Limited; Respondent: National Union of Mineworkers; Respondent: Solidarity; Respondent: United Association of South Africa; Respondent: Minister of Labour; Respondent: Minister of Justice and Constitutional Development
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
21 February 2017
Case Number
CCT87/16
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court, Following Dismissal of Appeal From Labour Court
Outcome
Leave to appeal granted; appeal dismissed.
Judges
Nkabinde ACJ, Cameron J, Froneman J, Jafta J, Madlanga J, Mbha AJ, Mhlantla J, Zondo J
Legal Topics
Collective Bargaining, Majoritarianism, Extension of Collective Agreements, Right to Strike, Freedom of Association, Limitations Analysis
Labour Law Constitutional Law Collective Bargaining Majoritarianism Extension of Collective Agreements Right to Strike Freedom of Association Limitations Analysis

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Parties

Association of Mineworkers and Construction Union

Applicant

Persons referred to in Annexure “A” to the Notice of Motion

Applicant

Chamber of Mines of South Africa

Respondent

Harmony Gold Mining Company Limited

Respondent

AngloGold Ashanti Limited

Respondent

Sibanye Gold Limited

Respondent

National Union of Mineworkers

Respondent

Solidarity

Respondent

United Association of South Africa

Respondent

Minister of Labour

Respondent

Minister of Justice and Constitutional Development

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court, Following Dismissal of Appeal From Labour Court

Legal Issues

  1. 1 Does section 23(1)(d) of the Labour Relations Act permit the extension of a collective agreement to non-party union members at individual mines where their union is in the majority?
  2. 2 Is the statutory definition of 'workplace' applicable to section 23(1)(d) in this context?
  3. 3 Does section 23(1)(d) unconstitutionally limit the rights to strike, freedom of association, and collective bargaining?

Ratio Decidendi

The Constitutional Court held that the statutory definition of 'workplace' in section 213 of the Labour Relations Act applies to section 23(1)(d), meaning the employer's operations as a whole constitute the workplace unless proven independent by size, function, or organisation. The collective agreement was validly extended to AMCU members at the five mines, even though AMCU was the majority union at those mines but not at the employer level. The limitation on the right to strike imposed by section 23(1)(d) is reasonable and justifiable under section 36 of the Constitution, as it promotes orderly collective bargaining through majoritarianism. The mechanism for extension does not violate...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.